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Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claim process. From gathering medical and service proof to submitting an appeal for a denied claim, a veteran disability lawyer can help you throughout the claims process.

Choose a veteran disability attorney who is specialized in these kinds of cases and is acquainted with the VA system. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if you prove that the condition is a result of your military service. This is known as a linkage. There are many types of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a nexus letter from current healthcare providers (especially in the case of mental health problems). There are instances that veterans suffer from medically-determined disabilities, but they cannot be considered service connected due to missing or incomplete records. These cases require the help of experienced New York disability lawyers who are able to present a complete claim and submit evidence that is backed up by independent experts.

It is easier to prove a direct service connection when injuries or illnesses were sustained while serving in the military. For example, if you suffered head injuries while serving and are now suffering headaches and concussions there is a strong connection between the events that led to your current health condition.

It is more difficult to be service-connected if you had an existing condition that deteriorated while you were in military service. To prove that your service time aggravated or worsened a pre-existing condition, you'll need to present medical evidence that is "clear and undeniable".

Appealing an Denial

The VA will review your case after you have submitted your application and provided medical proof. It usually issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given a year to make a formal complaint. A lawyer for veterans' disability can assist the applicant navigate the three possible review options -- a supplemental claim, higher-level review, or direct appeal to the Board of veterans disability lawyers' Appeals.

Make sure the lawyer is knowledgeable of your military experiences as well as the tradition of the armed services when selecting a New York veterans disability lawyers' disability lawyer. This can make it simpler for you and reduce the need to describe your experiences and experiences in layman's language.

You should also find a firm who will remain on your case for the entire duration of your appeal. Beware of companies that will only help you with the initial stages of your claim, and then disappear.

A seasoned New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can help you submit more medical evidence, ask for an official hearing, and also represent you at any Board meetings to ensure that your case will be dealt with in a fair and fair manner. They can also assist you to win your benefits, like monetary compensation, aid and attendance, education benefits, or unemployment benefits.

Receiving a Better Rating

There may be a point when your disability gets worse, or your symptoms get more complicated or broad. It makes sense in this instance to seek an increase in your rating. A lawyer for veterans can help with that procedure, and assist you in finding evidence to back your request.

It's not uncommon for the VA make mistakes, resulting in receiving a lower score than you deserve. It's worth getting an expert to examine your records for any errors. They may have missed an injury or missed the issue that could be in conjunction with another disability to get an improved rating.

You can still make a higher-level claim, or review if you have been given a rating for more than one calendar year. This could include a thorough review of your entire file that could lead to changes to your effective date, as well as a new rating that is more corresponding to your feelings.

It's also advisable to file a supplemental claim or higher-level review if you deserve a disability rating of 100 percent or more. A disability lawyer can assist you to develop a compelling argument for this rating, which is reserved only for the most debilitating disabilities. For example the mental health issue could be a reason to get 100% disability ratings because it can cause a significant interference with employment or frequent periods of hospitalization, which don't typically trigger this kind of rating for cardiovascular illness or other medical issues.

Helping with the Appeals Process

Contrary to what some may believe, a VA denial of disability benefits does not mean that the person has no chance of recovering benefits. Former military personnel have a year to appeal a decision that is not favorable.

An experienced veterans disability attorney can assist a veteran to determine which of the three pathways for appeal is the best option for his situation. They can also assist veterans gather the evidence needed to convince a higher level reviewer that their previous decision was wrong. They can even assist a veteran with a formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They also have a wealth of experience in dealing with VA disability claims and understand the rules and procedures both inside and outside. Some lawyers are veterans, and therefore know the challenges that disabled veterans face. This can result in a unique type of empathy which can improve the outcome of an appeal for veterans' disability.

The team at Sullivan &Kehoe of experienced lawyers can evaluate your VA disability claims for free to determine if we are able to assist you. Contact us today for your free evaluation.